Jayasankar v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Jayasankar, S/o.Vellaikannu

... Petitioner/Sole Accused

Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Fort Police Station, Trichy City. (Crime No.502 of 2025)

... Respondent/Complainant

For Petitioner : Mr.M.Pitchai Muthu,

Advocate For Respondent : Mr.S.Prakash,

Government Advocate

(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.502 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 118(1) of BNS, 2023 in Crime No.502 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 07.07.2025, at about 6.40 p.m., when the de-facto complainant and his mother were trying to get off a Government bus, the bus suddenly started moving. As a result, his mother slipped and fell. When the de-facto complainant questioned the bus driver as to why he started the bus before his mother had alighted, an argument ensued. During the argument, the driver abused him in filthy language and attacked him with a metal rod, thereby causing injuries. Hence, the present case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Crl. side) submits that the petitioner is the sole accused in this case. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that as the date of occurrence is 07.07.2025, by this time most of the investigation might have been completed, and that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.I, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.I, Trichy. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Trichy;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; CRLeOP(MD).eNo.12093eofe2025

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NM/07.08.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023